Item - 2012.TE20.19

Tracking Status

  • City Council adopted this item on November 27, 2012 with amendments.
  • This item was considered by Toronto and East York Community Council on November 6, 2012. It is being forwarded to City Council without recommendations. It will be considered by City Council on November 27, 2012.

TE20.19 - Request for Direction Report - 1443, 1445 and 1451 Bathurst Street - Zoning Amendment Application

Decision Type:
ACTION
Status:
Amended
Ward:
21 - St. Paul's

City Council Decision

City Council on November 27, 28 and 29, 2012, adopted the following:

 

1.         City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 27, 2012) from the City Solicitor.

 

2.         City Council authorize the public release of Confidential Recommendation 1 and Confidential Appendix 1, together with all its Confidential Appendices, with the balance of Confidential Attachment 1 (November 27, 2012) from the City Solicitor to remain confidential.

 

The following instruction to staff was adopted by City Council and is now public:

 

1.                  City Council authorize the City Solicitor to accept the owner's settlement offer as set out in Appendix “1" to the report (November 27, 2012) from the City Solicitor.

 

Confidential Appendix 1, together with all its Appendices is now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (November 27, 2012) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006 as it pertains to litigation or potential litigation that affects the City or one of its agencies, boards, and commissions and contains advice or communications that are subject to solicitor-client privilege.

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice or communications that are subject to solicitor client privilege

Background Information (Community Council)

(October 11, 2012) Report from the Director, Community Planning, Toronto and East York District - 1443, 1445 and 1451 Bathurst Street - Zoning Amendment Application - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-51027.pdf

Background Information (City Council)

(November 27, 2012) Supplementary report from the City Solicitor on request for directions - OMB pre-hearing for 1443, 1445 and 1451 Bathurst Street - Zoning Appeal (TE20.19a)
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-52657.pdf
Confidential Attachment 1
Confidential Appendix 1 together with all Appendices - made public on December 6, 2012
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-52715.pdf

Communications (Community Council)

(November 5, 2012) E-mail from Richard Cassel (TE.Supp.TE20.19.1)
(November 5, 2012) Letter from George Eichler (TE.Supp.TE20.19.2)

Communications (City Council)

(November 22, 2012) Letter from John Sewell (CC.Supp.TE20.19.3)
(November 26, 2012) E-mail from Mary Kruk (CC.New.TE20.19.4)

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Joe Mihevc (Carried)

That City Council adopt the following recommendations contained in the report (November 27, 2012) from the City Solicitor [TE20.19a]:

 

1.         Council adopt the confidential instructions to staff in Attachment 1.

 

2.         Council authorize the public release of Recommendation no. 1 and Appendix 1, together with all Appendixes attached thereto, if adopted by Council.  The balance of Attachment 1 to remain confidential.

Vote (Adopt Item as Amended) Nov-28-2012 7:57 PM

Result: Carried Majority Required - TE20.19 - Mihevc - motion 1
Total members that voted Yes: 40 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Paul Ainslie, John Filion, Giorgio Mammoliti, Ron Moeser, Michael Thompson

TE20.19 - Request for Direction Report - 1443, 1445 and 1451 Bathurst Street - Zoning Amendment Application

Decision Type:
ACTION
Status:
Without Recs
Ward:
21 - St. Paul's

Community Council Recommendations

The Toronto and East York Community Council submits the item to Council without recommendation.

Decision Advice and Other Information

The Toronto and East York Community Council requested the City Solicitor, in consultation with the Director, Community Planning, Toronto and East York District, to continue discussions with the applicant with respect to 1443, 1445 and 1451 Bathurst Street - Zoning Amendment Application, and report directly to City Council for its meeting on November 27 and 28, 2012.

Origin

(October 11, 2012) Report from the Director, Community Planning, Toronto and East York District

Summary

This application proposes to redevelop the lands at 1443, 1445 and 1451 Bathurst Street for a new 25-storey mixed-use building with a 6-storey podium, containing 324 dwelling units, including 7 rental replacement units, and 283 parking spaces in a below grade parking structure, 42 of which will be operated by the Toronto Parking Authority.  A Site Plan application and a Rental Housing Demolition application under Section 111 of the City of Toronto Act for the 7 residential rental units proposed for demolition were also submitted.

 

This proposal represents an overdevelopment of the site.  The proposed building does not provide adequate transition to the low-rise neighbourhood and park/ravine to the east.  The proposal's height significantly exceeds the zoning by-law permissions and its scale and massing do not achieve an adequate transitional relationship with the surrounding built form context. It also creates significant issues regarding overlook and privacy for the low-rise dwellings in the area, especially those abutting the site, without adequate mitigation measures.

 

The approval of the proposed project would set a negative precedent for future development that undermines the policies of the Official Plan and does not implement Council approved guidelines such as the Mid-Rise Building Guidelines.

 

The application was appealed to the Ontario Municipal Board on August 7, 2012. A pre-hearing date has been set for January 7, 2013. The purpose of this report is to seek City Council’s direction for the City Solicitor to oppose the proposal in its current form at the OMB and to advise the OMB of Council’s position regarding the appropriate form of development on the site.

Background Information

(October 11, 2012) Report from the Director, Community Planning, Toronto and East York District - 1443, 1445 and 1451 Bathurst Street - Zoning Amendment Application - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-51027.pdf

Communications

(November 5, 2012) E-mail from Richard Cassel (TE.Supp.TE20.19.1)
(November 5, 2012) Letter from George Eichler (TE.Supp.TE20.19.2)

Speakers

Mary Kruk
John Sewell
David Bronskill, Goodmans LLP

Motions

1 - Motion to forward item Without Recommendations moved by Councillor Joe Mihevc (Carried)

That the Toronto and East York Community Council:

 

1.         Submit the item to Council without recommendation.

2.         Request the City Solicitor, in consultation with the Director, Community Planning, Toronto and East York District, to continue discussions with the applicant with respect to 1443, 1445 and 1451 Bathurst Street - Zoning Amendment Application, and report directly to City Council for its meeting on November 27 and 28, 2012.

Source: Toronto City Clerk at www.toronto.ca/council